10 Jun 2025

In breakups, should pets be more than just property?

From Nights, 8:20 pm on 10 June 2025

In New Zealand, family pets are considered property.

But as of today, pets in Australia will be given special consideration as marital property when a relationship breaks up.

Instead of being treated the same as furniture or a car, courts will be able to look into who takes more care of the companion animal - walking it, feeding it, taking it to the vet - when determining who gets custody. 

In family violence situations, the court will also consider whether one party has shown violence to the other when deciding who gets a family pet, in an effort to reduce rates of animal violence.

Australian family lawyer and pet custody law expert Eve Smith and Pet Refuge NZ CEO Dame Julie Chapman join Emile Donovan to discuss whether New Zealand should follow suit.

Luna is a two-year-old golden retriever who lives on Auckland’s Hibiscus Coast.

Luna is a two-year-old golden retriever who lives on Auckland’s Hibiscus Coast Photo: Rhonwyn Newson